Difference between Legal heir and family membership certificate

905 votes

Once a property owner dies, only his legal heirs can partition the property. In your father's property, your mother, you and your siblings. a legal heirship certificate is compulsory to know who all are the actual legal heirs, or any of the legal heirs omitted from the partition etc. It is a certificate issued by Tahasildar after making nexeccary publications in the gazette. Family membership certificate is issued by Village Officer which does not have the legal sanctity as a legal heirship certificate has. However most of the Sub Registrars allow execution of partition deed by showing family membership certificate.

Advocate Nelson Joseph LawRato

970 votes

No legal heirship certificate is required for executing a partition deed, at least in Kerala. The recitations in the deed would take care of the details. You may contact a document writer

Advocate P Venu LawRato

767 votes

Legal Heirship Certificate is the actual document declaring who all are the legal heirs of the deceased., issued by the Tehsildar, after verification and enquiry report
FMC is the certificate issued by the Village officer stating who are all the family members of the deceased.

LH Certificate will be issued only after detailed enquiry and notice in gazette etc.. So it consumes time. Whereas FMC can be obtained immediately from VO on application.

Advocate Sreenivas V Pai LawRato

518 votes

Hai.

Infact there is no need to show a legal heirship certificate to dectate or register a partition deed as u mentioned in query. How ever the practise that registrars used to enquire regarding the whereabouts is a good thing. The duty f the registrar is confined to his powers as mentioned in registration act n rules. His only duty is to verify n certain that the person standing infront f him is genuine or not by clarifying the same with some ID. N he certifies only whether that particular person is present before him at that particular day n time. Tats all. The difference between a legal heir n family memebership is tat the legal heirship defines who all inherits the deceasedz estate or who all only succeeds with his intersts. Family memebrship also even identical cant be relied upon due to its lack f enquiry before issuance.
hope am upto ur query

Advocate Manoj George LawRato

681 votes

It is not necessary to obtain membership certificate or legal heirship certificate for effecting a partition, but some registry officers may ask for it..
The family membership certificate shown the members of the family and their relation ship with the applicant who applied for the said, where as legal heir ship certificate shows the legal heirs who are entitled to inherit the property of a deceased person

Advocate Hari C.G LawRato

91 votes

FMC is a certificate that the village officer issues stating the names of all family members. LH certificate will only be issued after detailed inquiry and publication in the gazette, etc. It takes time. FMC is available immediately upon application from VO.

Advocate Chikirsha Mohanty LawRato